Paternity Rights and Responsibilities: Establishing Legal Fatherhood

When a child is born, there’s no question about the identity of its mother, but the same is not true for fatherhood.

While some men embrace the role wholeheartedly, others try to evade it, and in some cases, a mother may try to deny a specific man the rights that come with paternity. The only way to resolve this issue is by establishing legal fatherhood, a legal process that can be used by either side in a custody and child dispute.

Establishing legal fatherhood is essential to properly assigning rights and responsibilities. No matter a family’s dynamics, both parents are responsible for financial support, and only by determining paternity can this obligation be appropriately assigned. Knowing who a child’s father is also determines a child’s inheritance rights and eligibility for Social Security and insurance benefits. It also provides invaluable information about the child’s genetic makeup and any potential health risks that may arise in the future. Beyond these technical issues, there are also important emotional factors to clearly identifying who a child’s father is.

For fathers who want a role in their biological child’s life, establishing paternity may make the difference in their ability to seek custody and visitation with the child or to participate in decisions about their education, their religious upbringing, and their health. Likewise, mothers may want to establish the identity of a biological father to enshrine their responsibility for financial support.

There are a few options for establishing paternity legally. The easiest way is for both parents to agree and sign a Voluntary Acknowledgement of Paternity form at the hospital or in a government office. Where paternity is in dispute, either parent can file a petition that leads to DNA testing to confirm biological parentage. Once paternity is established, the father’s name will be added to the birth certificate and will be legally recognized as the father.

Once paternity has been established, a father has the legal right to participate in decisions about education, medical care, religious upbringing, and the responsibilities of financial support, including paying regular child support, and the costs of healthcare, and some states require that they provide educational expenses. More importantly, fathers are given the right and responsibility of playing a role in a child’s life and providing them with emotional support and guidance.

There are many reasons for establishing paternity. If you need assistance in pursuing this important step, contact our office today to set up a time to meet.